Tedder

MEMORANDUM **

California state prisoner Cecil Roy Ted-der appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas corpus petition and 42 U.S.C. § 1983 civil rights complaint. We have jurisdiction pursuant to 28 U.S.C. § § 1291 and 2253, and we affirm.

The record belies Tedder’s contention that the district court dismissed his case based on an erroneous finding that he failed to timely object to the findings and recommendations of the magistrate judge. The district court sua sponte dismissed the case at screening for failure to plainly state a claim upon which relief could be granted.

*940 The record discloses that Tedder was convicted for murder in 2000, while serving a life sentence for a 1986 murder conviction. Following the 2000 conviction, The California Board of Prison Terms (the “Board”) recalculated Tedder’s parole eligibility and vacated a parole hearing scheduled for September, 2001. In the instant case, Tedder claimed that the Board and prison officials violated his constitutional rights by failing to bring him to the 2001 hearing, and failing to release him from prison. He contended that he is entitled to release and money damages…